United States v. Michael Todd v. State of Arkansas, Arkansas State Police Dep't, & David D. Stills, 245 F.3d 691 (8th Cir. 2001). · Go Syfert
United States v. Michael Todd v. State of Arkansas, Arkansas State Police Dep't, & David D. Stills, 245 F.3d 691 (8th Cir. 2001). Cases Citing This Book View Copy Cite
62 citation events (62 in the last 25 years) across 13 distinct courts.
Strongest positive: Dustman v. United Soybean Board (moed, 2024-01-31)
Treatment trajectory · 2002 → 2026 · click a year to view as-of
2002 2014 2026
Top citers, strongest first. 46 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Dustman v. United Soybean Board
E.D. Mo. · 2024 · quote attribution · 1 verbatim quote · confidence high
for a defense to be considered colorable, it need only be plausible; 1442(a)(1) does not require a court to hold that a defense will be successful before removal is appropriate.
discussed Cited as authority (rule) Sahm v. Allegheny Technologies Inc.
E.D. Mo. · 2023 · confidence medium
Whether Raytheon has Raised a Colorable Federal Defense The Eighth Circuit has long held that “§ 1442(a)(1) does not require a court to hold that a defense will be successful before removal will be appropriate.” United States v. Todd, 245 F.3d 691, 693 (8th Cir. 2001).
discussed Cited as authority (rule) Sultan v. 3M Company
D. Minnesota · 2023 · confidence medium
“For a defense to be considered colorable, it need only be plausible; § 1442(a)(1) does not require a court to hold that a defense will be successful before removal is appropriate.” United States v. Todd, 245 F.3d 691, 693 (8th Cir. 2001).
discussed Cited as authority (rule) Scher v. 3M Company
D. Minnesota · 2023 · confidence medium
“For a defense to be considered colorable, it need only be plausible; § 1442(a)(1) does not require a court to hold that a defense will be successful before removal is appropriate.” United States v. Todd, 245 F.3d 691, 693 (8th Cir. 2001).
discussed Cited as authority (rule) Copeland v. 3M Company
D. Minnesota · 2023 · confidence medium
“For a defense to be considered colorable, it need only be plausible; § 1442(a)(1) does not require a court to hold that a defense will be successful before removal is appropriate.” United States v. Todd, 245 F.3d 691, 693 (8th Cir. 2001).
discussed Cited as authority (rule) Nisbet v. 3M Company
D. Minnesota · 2023 · confidence medium
“For a defense to be considered colorable, it need only be plausible; § 1442(a)(1) does not require a court to hold that a defense will be successful before removal is appropriate.” United States v. Todd, 245 F.3d 691, 693 (8th Cir. 2001).
discussed Cited as authority (rule) Janice v. 3M Company
D. Minnesota · 2022 · confidence medium
“For a defense to be considered colorable, it need only be plausible; § 1442(a)(1) does not require a court to hold that a defense will be successful before removal is appropriate.” United States v. Todd, 245 F.3d 691, 693 (8th Cir. 2001).
discussed Cited as authority (rule) Kane v. 3M Company
D. Minnesota · 2022 · confidence medium
“For a defense to be considered colorable, it need only be plausible; § 1442(a)(1) does not require a court to hold that a defense will be successful before removal is appropriate.” United States v. Todd, 245 F.3d 691, 693 (8th Cir. 2001).
discussed Cited as authority (rule) Jalili v. 3M Company
D. Minnesota · 2022 · confidence medium
“For a defense to be considered colorable, it need only be plausible; § 1442(a)(1) does not require a court to hold that a defense will be successful before removal is appropriate.” United States v. Todd, 245 F.3d 691, 693 (8th Cir. 2001).
cited Cited as authority (rule) Smith v. 3M Company
D. Minnesota · 2021 · confidence medium
Minn. Dec. 29, 2016) (quoting United States v. Todd, 245 F.3d 691, 693 (8th Cir. 2001)).
cited Cited as authority (rule) Reezaye v. 3M Company
D. Minnesota · 2021 · confidence medium
Minn. Dec. 29, 2016) (quoting United States v. Todd, 245 F.3d 691, 693 (8th Cir. 2001)).
discussed Cited as authority (rule) Johnson v. Tyson Foods, Inc.
W.D. Tenn. · 2021 · confidence medium
The fact that the DPA “plausibly shields” Tyson Foods from liability, either through preemption or otherwise, see United States v. Todd, 245 F.3d 691, 693 (8th Cir. 2001), is sufficient to show a colorable federal defense and justify federal officer removal.
discussed Cited as authority (rule) Reed v. Tyson Foods, Inc.
W.D. Tenn. · 2021 · confidence medium
The fact that the DPA “plausibly shields” Tyson Foods from liability, either through preemption or otherwise, see United States v. Todd, 245 F.3d 691, 693 (8th Cir. 2001), is sufficient to show a colorable federal defense and justify federal officer removal.
discussed Cited as authority (rule) Christopher Graves v. 3M Company
8th Cir. · 2021 · confidence medium
Id. at 136 . -8- “For a defense to be considered colorable, it need only be plausible; § 1442(a)(1) does not require a court to hold that a defense will be successful before removal is appropriate.” United States v. Todd, 245 F.3d 691, 693 (8th Cir. 2001); see Jacks, 701 F.3d at 1235 .
discussed Cited as authority (rule) State of Minnesota v. American Petroleum Institute
D. Minnesota · 2021 · confidence medium
“For a defense to be considered colorable, it need only be plausible; § 1442(a)(1) does not require a court to hold that a defense will be successful before removal is appropriate.” United States v. Todd, 245 F.3d 691, 693 (8th Cir. 2001).
cited Cited as authority (rule) Copeland v. 3M Company
D. Minnesota · 2020 · confidence medium
Minn. Dec. 29, 2016) (quoting United States v. Todd, 245 F.3d 691, 693 (8th Cir. 2001)).
discussed Cited as authority (rule) Serbon v. City of East Chicago Indiana
N.D. Ind. · 2020 · confidence medium
Co., 481 F.3d 364 , 368 (6th Cir. 2007) (finding intervention after removal does not cure defects in removal); United States v. Todd, 245 F.3d 691, 693 (8th Cir. 2001) (finding federal jurisdiction without considering the issue of whether intervention can create removability); Perpetual Bldg. & Loan Ass’n v. Series Dirs. of Equitable Bldg. & Loan Ass’n, Series No. 52, 217 F.2d 1 , 5 (4th Cir. 1954) (finding that plaintiff was trying to litigate matters already adjudicated in a former action that determined the litigation was a matter for federal jurisdiction); Vanderbilt Mortg. & Fin., Inc…
discussed Cited as authority (rule) Nicholson v. Gary City of
N.D. Ind. · 2020 · confidence medium
Co., 481 F.3d 364 , 368 (6th Cir. 2007) (finding intervention after removal does not cure defects in removal); United States v. Todd, 245 F.3d 691, 693 (8th Cir. 2001) (finding federal jurisdiction without considering the issue of whether intervention can create removability); Perpetual Bldg. & Loan Ass’n v. Series Dirs. of Equitable Bldg. & Loan Ass’n, Series No. 52, 217 F.2d 1 , 5 (4th Cir. 1954) (finding that plaintiff was trying to litigate matters already adjudicated in a former action that determined the litigation was a matter for federal jurisdiction); Vanderbilt Mortg. & Fin., Inc…
cited Cited as authority (rule) Graves v. 3M Company
D. Minnesota · 2020 · confidence medium
Minn. Dec. 29, 2016) (quoting United States v. Todd, 245 F.3d 691, 693 (8th Cir. 2001)).
discussed Cited as authority (rule) Robinson v. Owens
E.D. Mo. · 2020 · confidence medium
United States v. Todd, 245 F.3d 691, 693 (8th Cir.2001) (citing Willingham, 395 U.S. at 406–07) (“it need only be plausible; § 1442(a)(1) does not require a court to hold that a defense will be successful before removal is appropriate”).
discussed Cited as authority (rule) Strong v. Owens
E.D. Mo. · 2020 · confidence medium
United States v. Todd, 245 F.3d 691, 693 (8th Cir.2001) (citing Willingham, 395 U.S. at 406–07) (“it need only be plausible; § 1442(a)(1) does not require a court to hold that a defense will be successful before removal is appropriate”).
discussed Cited as authority (rule) In Re Asbestos Products Liability Lit.(no. Vi)
E.D. Pa. · 2011 · confidence medium
For example, in United States v. Todd, Plaintiff filed a law suit in state court against the Arkansas State Police to release files in their possession related to alleged criminal activities committed by Mr. Todd. 245 F.3d 691, 692 (8th Cir. 2001).
discussed Cited as authority (rule) Barnes v. Various
E.D. Pa. · 2011 · confidence medium
For example, in United States v. Todd, Plaintiff filed a law suit in state court against the Arkansas State Police to release files in their possession related to alleged criminal activities committed by Mr. Todd. 245 F.3d 691, 692 (8th Cir.2001).
discussed Cited as authority (rule) Hagen v. Benjamin Foster Co. (2×) also: Cited "see, e.g."
E.D. Pa. · 2010 · confidence medium
In doing so, however, many distinguish the showing required for removal from the ultimate evidentiary showing at trial, suggesting the colorable defense standard is not an onerous one to satisfy. 9 See Bennett, 607 F.3d at 1091 (holding defense was colorable insofar as it was an issue of first impression that had been accepted by other courts); Todd, 245 F.3d at 693 (deeming defense colorable because it “at the very least plausibly shields” defendants); Marley v. Elliot Turbomachinery Co., 545 F.Supp.2d 1266, 1271-73 (S.D.Fla.2008) (explaining a color-able defense is a plausible one, and d…
discussed Cited as authority (rule) Minnesota v. Weber
D. Minnesota · 2008 · confidence medium
“For a defense to be considered colorable, it need only be plausible; § 1442(a)(1) does not require a court to hold that a defense will be successful before removal is appropriate.” United States v. Todd, 245 F.3d 691, 693 (8th Cir.2001).
discussed Cited as authority (rule) City of Cookeville, Tennessee v. Upper Cumberland Electric Membership Corporation
6th Cir. · 2007 · confidence medium
See City of Jacksonville v. Dep't of the Navy, 348 F.3d 1307 , 1313 n. 2 (11th Cir.2003) ("We recognize that it remains to be decided whether the requirement of a federal defense also applies to removal by the United States or one of its agencies."); Parker v. Della Rocco, 252 F.3d 663 , 665 n. 2 (2d Cir.2001) (expressly not deciding whether a colorable federal defense is required for agency removal); United States v. Todd, 245 F.3d 691, 693 (8th Cir.2001) (finding that the United States had asserted a colorable federal defense for removal under § 1442 rather than rejecting the need for one).
discussed Cited as authority (rule) City of Cookeville v. Upper Cumberland Electric Membership Corp.
6th Cir. · 2007 · confidence medium
See City of Jacksonville v. Dep’t of the Navy, 348 F.3d 1307 , 1313 n. 2 (11th Cir.2003) (“We recognize that it remains to be decided whether the requirement of a federal defense also applies to removal by the United States or one of its agencies.”); Parker v. Della Rocco, 252 F.3d 663 , 665 n. 2 (2d Cir.2001) (expressly not deciding whether a colorable federal defense is re *391 quired for agency removal); United States v. Todd, 245 F.3d 691, 693 (8th Cir.2001) (finding that the United States had asserted a colorable federal defense for removal under § 1442 rather than rejecting the ne…
discussed Cited as authority (rule) Pollock v. Barbosa Group, Inc.
W.D.N.Y. · 2007 · confidence medium
United States v. Todd, 245 F.3d 691, 693-94 (8th Cir.2001) (“For a defense to. be considered colorable, it need only be plausible; § 1442(a)(1) does not require a court to hold that a defense will be successful before removal is appropriate.”); accord Willingham v. Morgan, 395 U.S. 402, 406 , 89 S.Ct. 1813 , 23 L.Ed.2d 396 (1969).
cited Cited as authority (rule) Michael S. Dahl v. R. J. Reynolds
8th Cir. · 2007 · confidence medium
We apply de novo review to a district court's denial of a motion to remand, United States v. Todd, 245 F.3d 691, 693 (8th Cir. 2001), and to all questions of statutory interpretation.
cited Cited as authority (rule) Michael S. Dahl David Scott Huber v. R.J. Reynolds Tobacco Company R.J. Reynolds Tobacco Holdings, Inc.
8th Cir. · 2007 · confidence medium
We apply de novo review to a district court’s denial of a motion to remand, United States v. Todd, 245 F.3d 691, 693 (8th Cir.2001), and to all questions of statutory interpretation.
cited Cited as authority (rule) Chaganti & Associates, P.C. v. Thomas Nowotny Roger v. Vardeleon, in Re Chaganti & Associates, P.C.
8th Cir. · 2006 · confidence medium
United States v. Todd, 245 F.3d 691, 693 (8th Cir.2001).
cited Cited as authority (rule) Chaganti & Assoc. v. Thomas Nowotny
8th Cir. · 2006 · confidence medium
United States v. Todd, 245 F.3d 691, 693 (8th Cir. 2001).
examined Cited as authority (rule) Watson v. Philip Morris Companies, Inc. (4×)
8th Cir. · 2005 · confidence medium
See, e.g., Jefferson County v. Acker, 527 U.S. 423, 431 (1999) (requiring a "colorable federal defense" to a suit for "a[n] act under color of office" and "a 'causal connection' between the charged conduct and asserted official authority"); Mesa v. California, 489 U.S. 121, 125 (1989) (recognizing the 1442(a) requirement of "'person[s] acting under' an officer of the United States or any agency thereof" sued "for act[s] under color of such office"); United States v. Todd, 245 F.3d 691, 693 (8th Cir. 2001) (requiring "a 'colorable defense arising out of [the defendant's] duty to enforce federal…
discussed Cited as authority (rule) Lisa Watson v. Philip Morris Companies, Inc. (2×)
8th Cir. · 2005 · confidence medium
See, e.g., Jefferson County v. Acker, 527 U.S. 423, 431 , 119 S.Ct. 2069 , 144 L.Ed.2d 408 (1999) (requiring a "colorable federal defense" to a suit for "a[n] act under color of office" and "a `causal connection' between the charged conduct and asserted official authority"); Mesa v. California, 489 U.S. 121, 125 , 109 S.Ct. 959 , 103 L.Ed.2d 99 (1989) (recognizing the 1442(a) requirement of "`person[s] acting under' an officer of the United States or any agency thereof" sued "for act[s] under color of such office"); United States v. Todd, 245 F.3d 691, 693 (8th Cir.2001) (requiring "a `colorab…
cited Cited as authority (rule) John Nichols v. Harbor Venture, Inc. Horseshoe Casinos, (Missouri), L.L.C. Missouri River Equities, Inc. Donald Schupak
8th Cir. · 2002 · confidence medium
United States v. Todd, 245 F.3d 691, 693 (8th Cir.2001).
cited Cited as authority (rule) John Nichols v. Harbor Venture
8th Cir. · 2002 · confidence medium
United States v. Todd, 245 F.3d 691, 693 (8th Cir. 2001).
cited Cited "see" Bischoff v. 3M Company <font color=\red\">DO NOT DOCKET. CASE HAS BEEN TRANSFERRED OUT.</font>"
D. Minnesota · 2021 · signal: see · confidence high
See United States v. Todd, 245 F.3d 691, 693 (8th Cir. 2001). 1.
cited Cited "see" Akin v. 3M Company <font color=\red\">DO NOT DOCKET. CASE HAS BEEN TRANSFERRED OUT.</font>"
D. Minnesota · 2021 · signal: see · confidence high
See United States v. Todd, 245 F.3d 691, 693 (8th Cir. 2001). 1.
cited Cited "see" Briones v. 3M Company <font color=\red\">DO NOT DOCKET. CASE HAS BEEN TRANSFERRED OUT.</font>"
D. Minnesota · 2021 · signal: see · confidence high
See United States v. Todd, 245 F.3d 691, 693 (8th Cir. 2001). 1.
cited Cited "see" Anderson v. 3M Company <font color=\red\">DO NOT DOCKET. CASE HAS BEEN TRANSFERRED OUT.</font>"
D. Minnesota · 2021 · signal: see · confidence high
See United States v. Todd, 245 F.3d 691, 693 (8th Cir. 2001). 1.
examined Cited "see" Pope v. Farland (3×)
E.D.N.C. · 2020 · signal: see · confidence high
See United States v. Todd, 245 F.3d 691, 692-93 (8th Cir. 2001).
discussed Cited "see" Mayor of Balt. v. BP P. L.C.
unknown court · 2019 · signal: see · confidence high
See United States v. Todd , 245 F.3d 691 , 693 (8th Cir. 2001) ; Kleinert , 855 F.3d at 313 ; cf. Jefferson Cty. , 527 U.S. at 432 , 119 S.Ct. 2069 ("[R]equiring a 'clearly sustainable defense' rather than a colorable defense would defeat the purpose of the removal statute").
discussed Cited "see" Texas v. Kleinert
5th Cir. · 2017 · signal: accord · confidence high
“Colorable” here means plausible, not “clearly sustainable.” Jefferson Cty., 527 U.S. at 432 , 119 S.Ct. 2069 ; accord United States v. Todd, 245 F.3d 691, 693 (8th Cir. 2001). “[Requiring a ‘clearly sustainable defense’ ... would defeat the purpose of the removal statute.” Jefferson Cty., 527 U.S. at 432 , 119 S.Ct. 2069 (quoting Willingham, 395 U.S. at 407 , 89 S.Ct. 1813 ).
cited Cited "see" Hilbert v. Aeroquip, Inc.
D. Mass. · 2007 · signal: see · confidence high
See Fung v. Abex Corp., 816 F.Supp. 569, 573 (N.D.Cal.1992), United States v. Todd, 245 F.3d 691, 693 (8th Cir.2001).
discussed Cited "see" Motion Control Corporation v. Sick, Inc.
8th Cir. · 2004 · signal: see · confidence high
See United States v. Todd, 245 F.3d 691, 693 (8th Cir.2001). 28 U.S.C. § 1441 governs the removal of actions from a state court to a federal district court, and provides in relevant part: (a) Except as otherwise expressly provided by Act of Congress, any civil action brought in a State court of which the district courts of the United States have original jurisdiction, may be removed by the defendant or the defendants, to the district court of the United States for the district and division embracing the place where such action is pending.... (b) Any civil action of which the district courts h…
discussed Cited "see" Motion Control Corp. v. SICK, Inc.
8th Cir. · 2003 · signal: see · confidence high
See United States v. Todd, 245 F.3d 691, 693 (8th Cir. 2001). 28 U.S.C. § 1441 governs the removal of actions from a state court to a federal district court, and provides in relevant part: (a) Except as otherwise expressly provided by Act of Congress, any civil action brought in a State court of which the district courts of the United States have original jurisdiction, may be removed by the defendant or the defendants, to the district court of the United States for the district and division embracing the place where such action is pending. . . . (b) Any civil action of which the district cour…
Retrieving the full opinion text from the archive…
UNITED STATES of America, Appellee,
v.
Michael TODD, Appellant, v. State of Arkansas, Arkansas State Police Department, and David D. Stills, Appellees
00-1431.
Court of Appeals for the Eighth Circuit.
Apr 3, 2001.
245 F.3d 691
Patrick R. James, Little Rock, AR, for appellant., Brian G. Brooks, for State of Arkansas., Todd L. Newton, Ass. U.S. Atty., for U.S.
Beam, Arnold, Doty.
Cited by 49 opinions  |  Published
MORRIS SHEPPARD ARNOLD, Circuit Judge.

Michael Todd was a defendant in a federal criminal case when he filed a lawsuit in state court, pursuant to the Arkansas Freedom of Information Act of 1967, see Ark.Code Ann. § 25-19-101 through § 25-19-107, to compel the Arkansas State Police to release some files in its possession. The files related to investigations into alleged criminal activities by Mr. Todd, and because they belonged to the United States, the United States Attorney for the Eastern District of Arkansas intervened as a defendant in the state case under Ark. R. Civ. P. 24(a). Shortly thereafter, the United States removed the case from state court to federal court pursuant to 28 U.S.C. § 1442(a)(1). Once the case reached federal court, Mr. Todd requested but was denied a remand to state court. The district court [2] subsequently dismissed Mr. Todd’s lawsuit on the merits.

On appeal, Mr. Todd does not challenge the dismissal of his case. Instead, he ar[*693] gues, first, that the removal of the case from state court to federal court was improper and, second, that the removed case should have been randomly assigned in the federal court. We disagree and affirm the order of the district court.

I.

Mr. Todd maintains that the removal of his case to federal court was improper because he did not sue any federal defendant or rely on any federal law in his complaint. We review the district court’s exercise of removal jurisdiction and denial of a motion to remand de novo. See Krispin v. May Department Stores Co., 218 F.3d 919, 922 (8th Cir.2000); see also County of St. Charles, Missouri v. Missouri Family Health Council, 107 F.3d 682, 684 (8th Cir.1997), cert. denied, 522 U.S. 859, 118 S.Ct. 160, 139 L.Ed.2d 105 (1997).

The removal statute applicable to federal officers and federal agencies, see 28 U.S.C. § 1442(a)(1), allows the removal of any civil or criminal case against “any officer (or any person acting under that officer) of the United States or of any agency thereof, sued ... for any act under color of such office.” Because this statute establishes an independent basis for federal jurisdiction, we reject Mr. Todd’s contention that the removal was improper in this case simply because his original complaint had a non-federal cast. See Jefferson County, Alabama v. Acker, 527 U.S. 423, 431, 119 S.Ct. 2069, 144 L.Ed.2d 408 (1999). The right to removal “is made absolute whenever a suit in a state court is for any act ‘under color’ of federal office, regardless of whether the suit could originally have been brought in a federal court,” Willingham v. Morgan, 395 U.S. 402, 406, 89 S.Ct. 1813, 23 L.Ed.2d 396 (1969).

To qualify for removal, a defendant must, among other things, raise “a ‘colorable defense arising out of [the defendant’s] duty to enforce federal law,’ ” Mesa v. California, 489 U.S. 121, 133, 109 S.Ct. 959, 103 L.Ed.2d 99 (1989), quoting Willingham, 395 U.S. at 407, 89 S.Ct. 1813. Mr. Todd contends that the removal was improper because the United States did not propose a colorable federal defense, but we disagree. For a defense to be considered colorable, it need only be plausible; § 1442(a)(1) does not require a court to hold that a defense will be successful before removal is appropriate. See Willingham, 395 U.S. at 406-07, 89 S.Ct. 1813.

We think that the United States has presented at least one colorable defense to Mr. Todd’s complaint. The United States argued that Mr. Todd’s lawsuit runs afoul of the federal Freedom of Information Act, see 5 U.S.C. § 552, which precludes the disclosure or discovery of any information that is being used in an ongoing criminal investigation, see § 552(b)(7)(A), § 552(b)(7)(D), § 552(b)(7)(E), § 552(c)(1), and produced evidence to the district court that the files that Mr. Todd sought contained just that sort of evidence. Because we believe that § 552 at the very least plausibly shields the United States from any obligation to comply with Mr. Todd’s request for its files, we find that removal was proper. See Jefferson County, 527 U.S. at 431, 119 S.Ct. 2069; see also Mesa, 489 U.S. at 129-30, 109 S.Ct. 959.

II.

Mr. Todd’s case was assigned directly to the district judge who was presiding over Mr. Todd’s federal criminal case and who consequently had issued a number of discovery rulings that apparently related to matters, contained in the investigative files that Mr. Todd was seeking. (This assignment evidently came about be[*694] cause the United States filed its notice of removal in the pending criminal action.) Mr. Todd complains that the district court thus violated E.D. Ark. Local R. 40.1(a), which directs that “[a]ll civil and criminal actions and proceedings shall be assigned by a random selection process.” A district-wide order, see E.D. Ark. Gen. Order 39(b)(5), it is true, allows for the direct assignment of a civil case to a judge, but only, as we read the order, if that case is related to some other case that has been closed. The order therefore quite obviously has no application here.

The district judge, in deciding to proceed with the matter, recognized that the case should have been docketed as a new civil action, assigned randomly, and then consolidated with the criminal case on motion of either of the parties. The judge thought, however, that it would “elevate form over substance” to require a formal motion of consolidation, and we agree, especially since the government wanted him to hear the matter and since the government’s acquiescence counts, in our view, as a motion to consolidate. We discern nothing in the local rules, however, that would determine what individual judge would have been assigned to the consolidated cases, although we note that consolidated criminal cases are to be “assigned to the judge with the lower (lowest) case number,” see E.D. Ark. Gen. Order 39(c). If a similar principle had been followed in this case, the district judge would have been allowed to keep Mr. Todd’s case because it was filed after his criminal case.

In’ any event, the district judge decided to keep the case on another ground, namely, that judicial economy, the principle that informs decisions on whether to assign cases directly to judges under E.D. Ark. Gen. Order 39, would be served by his doing so. We see nothing in the local rules that prevents such considerations from guiding decisions with respect to consolidating cases and assigning a judge to those cases, and, indeed, it makes good sense to allow those considerations to guide both decisions. We conclude, therefore, that there was no violation of E.D. Ark. Local R. 40.1 or other legal error in the manner in which the district judge came to hear Mr. Todd’s case.

We observe, too, that although local rules have the effect of law, see Jetton v. McDonnell Douglas Corp., 121 F.3d 423, 426 (8th Cir.1997), a violation of E.D. Ark. Local R. 40.1 would not in any event, as Mr. Todd urges, have had the effect of depriving the district judge of jurisdiction over the case. Observance of the rule is not jurisdictional, even though we suppose that its violation might, in an appropriate case, require a remand to the district court for reassignment of the case.

III.

For the reasons indicated, we affirm the order of the district court.

2

. The Honorable George Howard, Jr., United States District Judge for the Eastern District of Arkansas.